Man sentenced to minimum of six years in state prison for stabbing

CHAMBERSBURG >> Through language problems and hesitance to take responsibility, a Chambersburg man was sentenced Wednesday for stabbing another man in the stomach.

Jose Gabriel-Simon, 26, will do between six and 12 years in state prison for the Oct. 5, 2014 aggravated assault of Rafael Sales, 49. The stabbing occurred around 2:51 a.m., in the 200 block of South Main Street, according to court documents.

Witnesses at the scene helped Sales "put body parts" back into the wound Gabriel-Simon caused, court documents state, and he was transported to York Hospital where he was treated.

During Gabriel-Simon's sentencing hearing, he spoke through a Spanish interpreter, explaining that he wanted to tell the truth.

"It was a fight," Gabriel-Simon explained, adding that while defending himself he stabbed the other man. "If I would have not stabbed him, he would have stabbed me."

Franklin County President Judge Carol Van Horn, who presided over the case, became concerned that Gabriel-Simon was not truly accepting responsibility.

Earlier in the hearing, Gabriel-Simon's attorney, Chief Public Defender Ian Brink, explained that his client had talked about self-defense in discussions with the probation department, but still wanted to take the plea.

Brink also said that he had spoken to his client at length about the possibilities of trial and Gabriel-Simon expressed that he did not want to take the risk, and understood his plea agreement.

When Gabriel-Simon explained similar to Van Horn, she let him continue with his version of events.

"It wasn't my intention to do that," Gabriel-Simon said. "I was drunk, there was a fight, and I hurt him before he hurt me."

Van Horn asked if he was aware that he used more force than necessary in the situation, and Gabriel-Simon said he did.

"You're giving up your right to assert self-defense," she clarified with him, and he agreed.

Gabriel-Simon also asked for a lesser sentence, which Van Horn reminded him could not happen because the plea agreement was already in place for him.

When discussing the restitution amount, at least $25,593.35, Gabriel-Simon's interpreter stopped the hearing and spoke off the record with Van Horn and the attorneys.

Shortly after, Van Horn reconvened the court and asked Gabriel-Simon if he was having trouble understanding what was happening in the hearing. She explained that the interpreter was aware that Spanish was not Gabriel-Simon's first language and was concerned he wasn't understanding the whole procedure.

Gabriel-Simon explained that he was bilingual and that while he didn't understand every word, he understand what processes were happening and was in agreement with the proceedings.

Ultimately, Gabriel-Simon's state prison sentence also included anger management classes, completion of any programs deemed necessary by the courts, and a prohibition of possession of controlled substances and firearms.

Gabriel-Simon is prohibited from having contact with Sales, and is also expected to pay the related medical bills as restitution. The prosecution clarified that the amount could change, as there were still bills that would be added to the final restitution amount.

Gabriel-Simon was also charged with identity theft and related charges after investigators found that he had used a fake name on his bank account, Pennsylvania drivers license, permanent residence card, Social Security card and other official documents.